Acórdão nº 073888 de Supremo Tribunal de Justiça (Portugal), 24 de Julho de 1986
Magistrado Responsável | GOMES DOS SANTOS |
Data da Resolução | 24 de Julho de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART220 ART286 ART289 N1 ART380 ART473 N1 N2 ART474 ART481 ART482 ART1143 ART1144 ART1251 ART1287 ART1299 ART1442. CCOM888 ART394 - ART396. CPC67 ART660 N2 ART664.
Sumário : I - Pelo mutuo, uma das partes empresta a outra dinheiro ou outra coisa fungivel, obrigando-se esta a restituir outro tanto do mesmo genero e qualidade e, dada essa fungibilidade, a coisa emprestada confunde-se no patrimonio do mutuario, e, por isso, a coisa emprestada, pelo facto da entrega, torna-se propriedade do mutuario. II - Deriva daqui que o mutuario não tem de invocar a usucapião para justificar a propriedade do dinheiro recebido, mas isso não significa que se extinga a prestação a que se obrigou da sua restituição. III - E e, precisamente, esta obrigação que esta em causa na acção em que se pede o cumprimento respectivo. IV - No mutuo a lei faz derivar a sua validade de certa forma, no caso, a...
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